When parties separate they can either agree on child support (which can be informal or formalised with the assistance of a lawyer) or parties can apply to the Services Australia to have a Child Support Assessment undertaken. When the assessment is requested, the Child Support Registrar calculates the relevant amount of support that should be […]
The Child Support (Assessment) Act 1989 (Cth) provides that parents have the primary duty to support their children and provide for parents to have an administrative assessment mathematically created regarding child support payments. But what if you do not agree with that assessment? Grounds to vary/depart from an assessment In the absence of error in […]
The Federal Circuit and Family Court of Australia determines disputes between parents regarding the future care of children and the division of assets following separation. Family Law cases are often lengthy and costly court cases, but unfortunately, sometimes Judges get the final decision wrong. In those circumstances an Appeal can be filed requesting the Appellant […]
Parents, during relationships, tend to make decisions about their children together. This will also commonly continue after parties separate but many family law parenting disputes are about how such decision-making powers should be divided. The power to make decisions about a child is called Parental Responsibility. Parental Responsibility is given a wide definition in the […]
If you are part of the small subset of family law matters where Court intervention is required because an agreement cannot be reached or your matter is urgent, the Court may ask whether it is appropriate for your child to be given their own lawyer. Section 68L of the Family Law Act 1975 (Cth) (which […]
We tend to meet parents at some of the worse times of their lives as they adjust to their new post-separation lives. In some parenting matters this leads to a large amount of conflict between parents. Where the conflict becomes sufficiently high the following can occur: If this occurs the Court can be a blunt […]
A very common question we are asked is when does my child get to decide who they live with or how often they see someone such as the other parent? A common misconception is a child gets to decide when they turn 12 years of age. The answer is there is no magical age (except […]
While it is preferable for families to settle their parenting dispute outside of the Courts, in circumstances where negotiations have been exhausted or there is an urgency to the dispute, one party must commence proceedings in the family law courts to move things forward. When a matter reaches the Court, the Judge is usually faced […]
On 30 January 2023, the Attorney General’s Department released the exposure draft for the Family Law Amendment Bill 2023. The media release accompanying the draft says that the bill will “[R]eplace the often-confusing law around parenting arrangements with a simpler child-focused framework that will guide parents who can agree on their own post-separation parenting arrangements.” […]
The law regarding pets in family law matters It often comes as a surprise to clients that pet ownership in family law matters is actually dealt with in accordance with the property settlement provisions in the law. Despite pets’ special place in families, they are treated much the same as any other item of property […]
